[HISTORY: Adopted by the Common Council of the City of Lancaster as indicated in article histories. Amendments noted where applicable.]
Article I Construction Site Erosion Control
[Adopted 11-17-2014 by Ord. No. 2014-05]
This article is adopted under the authority granted by § 62.234, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments.
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
The City of Lancaster hereby designates the Director of Public Works to administer and enforce the provisions of this article.
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The City of Lancaster finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Lancaster.
It is the purpose of this article to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the City of Lancaster.
This article applies to land-disturbing construction activities of one or more acres.
This article does not apply to the following:
Land-disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Safety and Professional Services in Chs. SPS 320 to 325 or 361 to 366, Wis. Adm. Code.
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122 for land-disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
Notwithstanding the applicability requirements in Subsection A of this section, this article applies to construction sites of any size that, in the opinion of the Director of Public Works, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
Jurisdiction. This article applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the City of Lancaster, as well as the extraterritorial division of land subject to an ordinance enacted pursuant to § 236.45(2) and (3), Wis. Stats.
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
Design criteria, standards and specifications. All drainage facilities and practices required to comply with this article shall incorporate technical standards and design methods specified in the document "City of Lancaster Erosion Control and Stormwater Management Requirements," maintained and periodically updated by the Director of Public Works. Where not superseded by stricter requirements in the City of Lancaster Erosion Control and Stormwater Management Requirements, the following standards are also incorporated by reference:
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, November 1993 Revision.
Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
Other standards. Other technical standards not identified or developed in this section may be used, provided that the methods have been approved by the Director of Public Works.
Responsible party. The entity holding fee title to the property shall be responsible for either developing and implementing an erosion and sediment control plan or causing such plan to be developed and implemented through contract or other agreement. This plan shall be developed in accordance with § 219-8 and incorporate the requirements of this section.
Plan. A written plan shall be developed in accordance with § 219-8 and implemented for applicable land development activities.
Erosion and sediment control performance standards. All drainage facilities and practices required to comply with this article shall meet performance standards specified in the document "City of Lancaster Erosion Control and Stormwater Management Requirements," maintained and periodically updated by the Director of Public Works.
Alternate requirements. The Director of Public Works may establish erosion and sediment control requirements more stringent than those set forth in the City of Lancaster Erosion Control Stormwater Management Requirements, if the Director of Public Works determines that an added level of protection is needed to address downstream stormwater management issues.
Permit required. No responsible party may commence a land-disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director of Public Works.
Permit application and fees. The responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 219-8. Where not covered by a separate developer's agreement, the applicant shall pay an application fee consistent with the fee schedule established pursuant to § 219-9 of this article. By submitting an application, the applicant is authorizing the Director of Public Works to enter the site to obtain information required for the review of the erosion and sediment control plan.
Review and approval of permit application. The Director of Public Works shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
Within 45 business days of the receipt of a complete permit application, as required by Subsection B of this section, the Director of Public Works shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
If the permit application and plan are approved, the Director of Public Works shall issue the permit.
If the permit application or plan is disapproved, the Director of Public Works shall state in writing the reasons for disapproval.
The Director of Public Works may request additional information from the applicant. If additional information is submitted, the Director of Public Works shall have 30 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Surety bond. As a condition of approval and issuance of the permit, the Director of Public Works may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
Permit requirements. All permits shall require the responsible party to:
Notify the Director of Public Works 48 hours prior to commencing any land-disturbing construction activity.
Notify the Director of Public Works of completion of any BMPs within five days after their installation.
Obtain permission in writing from the Director of Public Works prior to any modification pursuant to § 219-8B of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land-disturbing construction activities and document repairs in a site erosion control log. Remove accumulated sediment from downstream culverts, storm sewers, and other drainage facilities.
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods, and at least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
Allow the Director of Public Works to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan at the construction site.
Permit duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director of Public Works may extend the period one or more times for up to an additional 180 days. The Director of Public Works may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
Plan requirements. An erosion and sediment control plan shall be prepared and submitted to the Director of Public Works. The erosion and sediment control plan shall include, at a minimum, information required in the City of Lancaster Erosion Control and Stormwater Management Requirements, maintained and periodically updated by the Director of Public Works.
Amendments. The applicant shall amend the plan if any of the following occur:
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The Director of Public Works notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this article shall be established by the City of Lancaster and may from time to time be modified by resolution. A fee schedule ordinance setting forth the schedule of fees established by the City of Lancaster shall be available for review in the City Clerk/Treasurer's office.
If land-disturbing construction activities are being carried out without a permit required by this article, the Director of Public Works may enter the land pursuant to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
The City of Lancaster may post a stop-work order if any of the following occurs:
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the City of Lancaster may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City of Lancaster, or if a responsible party violates a stop-work order posted under Subsection A of this section, the City of Lancaster may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
After posting a stop-work order under Subsection A of this section, the City of Lancaster may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City of Lancaster, plus interest at the rate authorized by the City of Lancaster, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk/Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $5 nor more than $100 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
Board of Appeals. The Board of Appeals created pursuant to Chapter 455, Zoning, of this Code pursuant to § 62.23(7)(e), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City of Lancaster in administering this article, except for cease and desist orders obtained under § 219-11C.
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship; and
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Lancaster affected by any decision of the City of Lancaster.
As used in this article, the following terms shall have the meanings indicated:
- ADMINISTERING AUTHORITY
- A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of Lancaster to administer this article.
- AGRICULTURAL FACILITIES AND PRACTICES
- Has the meaning given in § 281.16(1), Wis. Stats.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical.
- BEST MANAGEMENT PRACTICE or BMP
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
- BUSINESS DAY
- A day the office of the Director of Public Works is routinely and customarily open for business.
- CEASE AND DESIST ORDER
- A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
- CONSTRUCTION SITE
- An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
- DIRECTOR OF PUBLIC WORKS
- The City of Lancaster Director of Public Works or designee.
- DIVISION OF LAND
- The creation from one parcel of five or more parcels or building sites of 1.5 or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
- The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- The unincorporated area within three miles of the corporate limits of a first-, second-, or third-class city, or within 1.5 miles of a fourth-class city or village.
- FINAL STABILIZATION
- All land-disturbing construction activities at the construction site have been completed and a uniform perennial vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
- GOVERNING BODY
- The Common Council of the City of Lancaster, Grant County, Wisconsin.
- LAND-DISTURBING CONSTRUCTION ACTIVITY
- Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land-disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
- MEP or MAXIMUM EXTENT PRACTICABLE
- A level of implementing best management practices in order to achieve a performance standard specified in this article which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- A written authorization made by the Director of Public Works to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
- Has the meaning given in § 283.01(13), Wis. Stats.
- Has the meaning given in § 281.01(10), Wis. Stats.
- RESPONSIBLE PARTY
- The entity holding fee title to the property.
- Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
- Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
- SEPARATE STORM SEWER
- A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
- The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
- STOP-WORK ORDER
- An order issued by the Director of Public Works which requires that all construction activity on the site be stopped.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(18), Wis. Stats.